4 Ways Defense Attys Will Attack FCA Sampling Experts

Law360, New York (June 23, 2015, 3:08 PM EDT) -- The recent rise of statistical sampling to establish False Claims Act liability in Medicare fraud cases will force defense attorneys to attack the reliability of analytical methods. Law360 talked with experts who identified several important tactics for challenging estimates that can vastly inflate FCA penalties.

FCA sampling, along with extrapolation from sampling results, won support from a federal judge for the first time last year in Martin v. Life Care Centers of America Inc. and has since emerged in at least two additional cases — Ruckh v. CMC II LLC and Paradies v. AseraCare Inc.

Unless courts start opposing the practice,...

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